S12728 CONGRESSIONAL RECORD SENATE

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of many illnesses. All of these things have been a part of our space flight, of our tradition, and our history.

The 5-year gap Senator NELSONspoke of, where we will have no manned space flight, is something I do not think most Americans understand. As it is right now, because of shorting the space program year after year, what we have is a situation in which there will be a 5-year gap from the last space shuttle flight until the next vehicle is ready for manned flight.

I think, as the American people would know about this, it would raise concerns for them in the area of science and technology, of advance-ment, of exploration, which has been such a part of our country where we have led the world without a doubt.

But there is something else about it which troubles me greatly and which I think the American people also ought to be made aware of, which is the fact that in order for an American to fly into space for those 5 years, we would be completely and totally at the mercy of Russia. We have had a very good and cooperative relationship. The Ameri-cans and Russians and, frankly, many other citizens of other countries, have been a part of the space shuttle and more particularly of the space lab. We have modules there—obviously the space shuttle arm from Canada, mod-ules that have come from Japan and from Italy and many other countries. Each of those countries with great pride has had one of their crew mem-bers go on the space shuttle and go to the space lab. Our cooperation with the Russians has been fantastic, even back to the days of the Soviet Union.

But in an ever-changing world, should not we wonder if it is safe for America to totally be reliant upon an increasingly undemocratic Russia for our space flights? I do not necessarily want to create enemies where none exist. But it does concern me to see these Russian bombers coming into areas where they know very well are our waters, our airspace, and repeat-edly now over the last month or so coming into what is U.S. airspace and challenging us to intercept them. Why are they doing that? What is the pur-pose behind that? What could happen over the next 3 years as we conclude the space shuttle, and then the next 5 where we are without the ability to put a man in space, if our relationship with Russia is not as strong as it is today in 8 years, 5 years, 6 years? It certainly isn’t as positive and strong as it was 3 years ago.

It behooves us, for the sake of our independence, our sovereignty, our ability to be in control and the destiny of this magnificent laboratory up in space, that we could accelerate the time where this gap was going to exist. It is going to be there no matter what we do, but we can shorten it. I believe if we shorten it by a couple of years, that would be in our best interests.

When we look at the totality of our expenditures, when we look at the cost-

benefit ratio of what we get from our space program, how it inspires our young people at a time when we are falling behind in competition with the world in science and technology, when we know the world is moving faster than we are as it relates to the edu-cation of our young people and science and technology, what could be better than a vibrant space program to con-tinue to imbue our young people with the desire to explore, the desire to in-vent, the desire for all he things that the space program has been to our country?

Our technological edge was never finer honed than when we had a vibrant and strong space program in the late 1950s and on into the 1960s. That was our finest and best time when it comes to science and technology.

We have, in many ways, been living off that for the last 25 years. Now we can have the dawning of a new age of space exploration into areas that have so far eluded us completely—well be-yond the moon. This can all happen. This is a small downpayment into a very important part of America’s fu-ture. It is certainly a very strong and important issue as we look also at very practical issues like our workforce.

The workforce at Kennedy Space Center is a well-trained workforce. It is a workforce that has, over the years, developed and over the years improved its skills. If we were to tell these peo-ple over the next 5 years there is no work for you, they will go into other pursuits. These are sharp, talented peo-ple. It is not like they are going to be unable to get a job, but it is going to be our loss when those people are not en-gaged in the continuation of the U.S. space flights.

NASA is a good investment for Amer-ica. We are not talking about breaking the bank. We are talking about a very small investment for what I believe would be a great return. I am very pleased to join with my colleague from Florida, Senator NELSON, who is my ex-pert when it comes to these issues. We both have great affection for the Cape. He grew up a very few miles south of it. I grew up a very few miles to the west of it. This is our backyard. We know it, we love it, and we know what it has meant to our country. We know the fu-ture of it can be very bright and we certainly do support this effort to im-prove funding for NASA.

I yield the floor.

Ms. MIKULSKI. Mr. President, I sug-gest the absence of a quorum.

The PRESIDING OFFICER. The clerk will call the roll.

The assistant legislative clerk pro-ceeded to call the roll.

Ms. MIKULSKI. Mr. President, I ask unanimous consent that the order for the quorum call be rescinded.

The PRESIDING OFFICER. Without objection, it is so ordered.

Ms. MIKULSKI. Mr. President, the proponents of this amendment have had a very thorough discussion of why we support this amendment. We have

spoken for about an hour. We certainly want to be sure that those who might have pause or flashing yellow lights about it bring their concerns to the floor so we can engage in a discussion, maybe even a debate, so we could move this debate forward and dispose of the amendment no later than 4:00 and ear-lier if possible.

I want to give everyone warning, if there is nobody here, we will move the amendment.

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BAN ASBESTOS IN AMERICA ACT OF 2007

Mrs. MURRAY. Mr. President, I ask unanimous consent that the Senate now proceed to the consideration of Calendar No. 321, S. 742, the Ban Asbes-tos in America Act of 2007; that the amendment at the desk be considered and agreed to, the committee-reported substitute amendment be agreed to, the bill, as amended, be read three times, passed, and the motion to recon-sider be laid upon the table; that the title amendment be agreed to and any statements be printed in the RECORD.

The PRESIDING OFFICER. Without objection, it is so ordered.

The Senate proceeded to consider the bill to amend the Toxic Substances Control Act to reduce the health risks posed by asbestos-containing products, and for other purposes, which had been reported from the Committee on Envi-ronment and Public Works, with an amendment to strike all after the en-acting clause and insert in lieu thereof the following:

SECTION 1. SHORT TITLE.

This Act may be cited as the ‘‘Ban Asbestos in America Act of 2007’’.

SEC. 2. FINDINGS. Congress finds that—

(1)(A) the Administrator of the Environmental Protection Agency has classified asbestos as a category A human carcinogen, the highest can-cer hazard classification for a substance; and

(B) the International Agency for Research on Cancer has classified asbestos as a class 1 human carcinogen;

(2) many people in the United States incor-rectly believe that—

(A) asbestos has been banned in the United States; and

(B) there is no risk of exposure to asbestos through the use of new commercial products;

(3) the United States Geological Survey re-ported that, in 2006, the United States used 2,000 metric tons of asbestos, of which approxi-mately—

(A) 55 percent was used in roofing products; (B) 26 percent was used in coatings; and (C) 19 percent was used in other products, such as friction products;

(4) the Department of Commerce estimates that the United States imports more than $100,000,000 of brake parts per year;

(5) available evidence suggests that— (A) imports of some types of asbestos-con-taining products are increasing; and

(B) some of those products are imported from foreign countries in which asbestos is poorly regulated;

(6) there is no known safe level of exposure to asbestos;

(7) even low levels of exposure to asbestos may cause asbestos-related diseases, including meso-thelioma;

(8) millions of workers in the United States have been, and continue to be, exposed to dan-gerous levels of asbestos;

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(9) worker deaths from noncancerous lung dis-ease can occur at levels of exposure to asbestos below the levels allowed by the Occupational Safety and Health Administration as of the date of enactment of this Act;

(10) families of workers are put at risk because of asbestos brought home by the workers on the shoes, clothes, skin, and hair of the workers;

(11) approximately 1_⁄₃_{of mesothelioma victims} were exposed to asbestos while serving the United States on Navy ships or shipyards;

(12) the National Institutes of Health reported to Congress in 2006 that mesothelioma is a dif-ficult disease to detect, diagnose, and treat;

(13) the Environmental Working Group esti-mates that as many as 10,000 citizens of the United States die each year from mesothelioma and other asbestos-related diseases;

(14)(A) mesothelioma responds poorly to con-ventional chemotherapy; and

(B) although new combination treatments for mesothelioma have demonstrated some benefits— (i) the median survival period for mesothe-lioma is only 1 year after diagnosis of the dis-ease; and

(ii) the majority of mesothelioma patients die within 2 years of diagnosis of the disease;

(15) in hearings before Congress in the early 1970s, the example of asbestos was used to jus-tify the need for comprehensive legislation on toxic substances;

(16) in 1976, Congress passed the Toxic Sub-stances Control Act (15 U.S.C. 2601 et seq.);

(17) in 1989, the Administrator of the Environ-mental Protection Agency promulgated final regulations under title II of the Toxic Sub-stances Control Act (15 U.S.C. 2641 et seq.) to phase out asbestos in consumer products by 1997;

(18) in 1991, the United States Court of Ap-peals for the 5th Circuit overturned portions of the regulations, and the Federal Government did not appeal the decision to the Supreme Court;

(19) as a result, while new applications for as-bestos were banned, asas-bestos is still being im-ported and used, and is otherwise present as a contaminant, in some consumer and industrial products in the United States;

(20) the National Cancer Institute recognizes a clear need for new agents to improve the outlook for patients with mesothelioma and other asbes-tos-related diseases;

(21) the National Institutes of Health should continue to improve detection, treatment, and management of asbestos-related diseases, such as mesothelioma, including by providing contin-ued support for the pleural mesothelioma treat-ment and research program and peritoneal sur-gical initiatives;

(22) the Department of Defense should study diseases related to asbestos exposure in the mili-tary and veteran population, including by con-ducting research in coordination with the Na-tional Institutes of Health on the early detection and treatment of mesothelioma;

(23) with some exceptions relating to certain uses, asbestos has been banned in 40 countries, including Argentina, Australia, Austria, Bel-gium, Chile, Croatia, the Czech Republic, Den-mark, Estonia, Finland, France, Germany, Ice-land, IreIce-land, Italy, Japan, Latvia, Luxem-bourg, the Netherlands, Norway, Poland, Por-tugal, Saudi Arabia, the Slovak Republic, Spain, Sweden, Switzerland, and the United Kingdom;

(24) asbestos was banned throughout the Eu-ropean Union in 2005; and

(25) banning asbestos from being used in or imported into the United States will provide cer-tainty to manufacturers, builders, environ-mental remediation firms, workers, and con-sumers that after a specific date, asbestos will not be used, added, or allowed to be knowingly present as a contaminant in new construction and manufacturing materials used in this coun-try.

SEC. 3. ASBESTOS-CONTAINING PRODUCTS. (a) IN GENERAL.—Title II of the Toxic Sub-stances Control Act (15 U.S.C. 2641 et seq.) is amended—

(1) by inserting before section 201 (15 U.S.C. 2641) the following:

‘‘Subtitle A—General Provisions’’;

(2) in section 202(3) (15 U.S.C. 2642(3))— (A) in each of subparagraphs (A) through (D), by striking the commas at the end of the sub-paragraphs and inserting semicolons;

(B) in subparagraph (E), by striking ‘‘, or’’ and inserting a semicolon;

(C) in subparagraph (F), by striking the pe-riod at the end and inserting a semicolon; and

(D) by adding at the end the following: ‘‘(G) any material formerly classified as tremolite, including—

‘‘(i) winchite asbestos; and ‘‘(ii) richterite asbestos; and

‘‘(H) any asbestiform amphibole mineral.’’; and

(3) by adding at the end the following:

‘‘Subtitle B—Asbestos-Containing Products

‘‘SEC. 221. DEFINITIONS. ‘‘In this subtitle:

‘‘(1) APPROPRIATE FEDERAL ENTITY.—The term ‘appropriate Federal entity’ means any appro-priate Federal entity, as determined by the Di-rector, including—

‘‘(A) the Agency for Toxic Substances and Disease Registry;

‘‘(B) the Department of Health and Human Services;

‘‘(C) the Environmental Protection Agency; ‘‘(D) the Mine Safety and Health Administra-tion;

‘‘(E) the National Institute of Standards and Technology;

‘‘(F) the United States Geological Survey; ‘‘(G) the National Institute of Environmental Health Sciences;

‘‘(H) the National Institute for Occupational Safety and Health; and

‘‘(I) the Occupational Health and Safety Ad-ministration.

‘‘(2) ASBESTOS-CONTAINING PRODUCT.—The term ‘asbestos-containing product’ means any product (including any part) to which asbestos is deliberately or knowingly added or in which asbestos is deliberately used or knowingly present in any concentration.

‘‘(3) ELONGATED MINERAL PARTICLE.—The term ‘elongated mineral particle’ means a single crystal or similarly elongated polycrystalline ag-gregate particle with a length to width ratio of 3 to 1 or greater.

‘‘(4) BIOPERSISTENT ELONGATED MINERAL PAR-TICLE.—The term ‘biopersistent elongated min-eral particle’ means an elongated minmin-eral par-ticle that—

‘‘(A) occurs naturally in the environment; and ‘‘(B) is similar to asbestos in—

‘‘(i) resistance to dissolution; ‘‘(ii) leaching; and

‘‘(iii) other physical, chemical, or biological processes expected from contact with lung cells and other cells and fluids in the human body.

‘‘(5) DIRECTOR.—The term ‘Director’ means the Director of the National Institute for Occu-pational Safety and Health.

‘‘(6) PERSON.—The term ‘person’ means— ‘‘(A) any individual;

‘‘(B) any corporation, company, association, firm, partnership, joint venture, sole proprietor-ship, or other for-profit or nonprofit business entity (including any manufacturer, importer, distributor, or processor);

‘‘(C) any Federal, State, or local department, agency, or instrumentality; and

‘‘(D) any interstate body.

‘‘SEC. 222. NATIONAL INSTITUTE FOR OCCUPA-TIONAL SAFETY AND HEALTH STUD-IES.

‘‘(a) STUDIES.—

‘‘(1) CURRENT STATE OF SCIENCE STUDY.—

‘‘(A) IN GENERAL.—The Director, in consulta-tion with the United States Geological Survey, the Environmental Protection Agency, the Na-tional Academy of Sciences, and appropriate Federal entities, shall conduct a study and, not later than 1 year after the date of enactment of this subtitle, submit to the Administrator, the Committees on Environment and Public Works and Health, Education, Labor, and Pensions of the Senate, the Committees on Energy and Com-merce and Education and Labor of the House of Representatives, and other Federal agencies a report containing—

‘‘(i) a description of the current state of the science relating to—

‘‘(I) the disease mechanisms and health effects of exposure to non-asbestiform minerals and elongated mineral particles; and

‘‘(II) methods for measuring and analyzing non-asbestiform minerals and elongated mineral particles; and

‘‘(ii) recommendations for—

‘‘(I) future research relating to diseases caused by exposure to—

‘‘(aa) non-asbestiform minerals; and ‘‘(bb) elongated mineral particles; ‘‘(II) exposure assessment practice needs; ‘‘(III) any new classification of naturally oc-curring elongated mineral particles; and

‘‘(IV) 1 or more definitions and dimensions to be used for the quantification and risk assess-ment of—

‘‘(aa) non-asbestiform minerals; and ‘‘(bb) elongated mineral particles.

‘‘(B) COMPONENTS.—The report described in subparagraph (A) shall include—

‘‘(i) peer-reviewed published literature; ‘‘(ii) regulatory decisions; and

‘‘(iii) information obtained from the National Institute for Occupational Safety Asbestos Re-search Roadmap.

‘‘(2) MODE OF ACTION AND HEALTH EFFECTS STUDY.—

‘‘(A) IN GENERAL.—The Director, in consulta-tion with the Environmental Protecconsulta-tion Agency, the National Academy of Sciences, and appro-priate Federal entities, shall conduct a study—

‘‘(i) to evaluate the known or potential mode of action and health effects of—

‘‘(I) non-asbestiform minerals; and ‘‘(II) elongated mineral particles; and ‘‘(ii) to develop recommendations for a means by which to identify, distinguish, and measure any non-asbestiform mineral or elongated min-eral particle that—

‘‘(I) may cause any disease or health effect; or ‘‘(II) does not cause any disease or health ef-fect.

‘‘(B) REPORT.—Not later than 18 months after the date of enactment of this subtitle, the Direc-tor shall submit to the Committees on Environ-ment and Public Works and Health, Education, Labor, and Pensions of the Senate, and the Committees on Energy and Commerce and Edu-cation and Labor of the House of Representa-tives, a report containing—

‘‘(i) a description of the manner by which non-asbestiform minerals and elongated mineral particles possess the ability to remain bioper-sistent in the human body, with regard to the ability of non-asbestiform minerals and elon-gated mineral particles—

‘‘(I) to exhibit resistence to dissolution and leaching; and

‘‘(II) to induce other physical, chemical, and biological processes as a result of contact with—

‘‘(aa) lung cells; and

‘‘(bb) other cells and fluids in the human body connected to a disease;

‘‘(ii) a description of the means by which to identify, distinguish, and measure any non- asbestiform mineral or elongated mineral par-ticle that—

‘‘(I) may cause any disease or health effect, as determined by the Director, including—

‘‘(aa) mesothelioma;

‘‘(bb) any other form of cancer; and

‘‘(cc) any other non-cancer form of disease; and

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‘‘(II) does not cause any disease or health ef-fect; and

‘‘(iii) recommendations for such controls as the Director determines to be appropriate to pro-tect human health.

‘‘(3) AUTHORIZATION OF APPROPRIATIONS.— There are authorized to be appropriated such sums as are necessary to carry out this sub-section.

‘‘(b) METHODOLOGYSTUDY.—

‘‘(1) IN GENERAL.—On the date on which the Director submits the report described in sub-section (a)(2)(B), the Director shall initiate a study—

‘‘(A) to develop improved sampling and ana-lytical methods for non-asbestiform minerals and elongated mineral particles; and

‘‘(B) to clarify the mechanism of action. ‘‘(2) AUTHORIZATION OF APPROPRIATIONS.— There are authorized to be appropriated such sums as are necessary to carry out this sub-section.

‘‘SEC. 223. PUBLIC EDUCATION PROGRAM. ‘‘(a) INGENERAL.—Not later than 1 year after the date of enactment of this subtitle, the Ad-ministrator, in consultation with the Chairman of the Consumer Product Safety Commission, the Director of the Centers for Disease Control and Prevention, and the Secretary of Labor, shall establish a plan—

‘‘(1) to increase awareness of the dangers posed by—

‘‘(A) products having asbestos-containing ma-terials in homes and workplaces; and

‘‘(B) asbestos-related diseases;

‘‘(2) to provide current and comprehensive in-formation to asbestos-related disease patients, family members of patients, and front-line health care providers on—

‘‘(A) the dangers of asbestos exposure; ‘‘(B) asbestos-related labeling information; ‘‘(C) health effects of exposure to asbestos; ‘‘(D) symptoms of asbestos exposure; and ‘‘(E) available and developing treatments for asbestos-related diseases, including clinical trials;

‘‘(3) to encourage asbestos-related disease pa-tients, family members of papa-tients, and front- line health care providers to participate in re-search and treatment endeavors relating to as-bestos; and

‘‘(4) to encourage health care providers and researchers to provide to asbestos-related disease patients and family members of patients infor-mation relating to research, diagnostic, and clinical treatments relating to asbestos.

‘‘(b) GREATEST RISKS.—In establishing the program, the Administrator shall give priority to products that have asbestos-containing mate-rials and are used by consumers and workers that pose the greatest risk of injury to human health.

‘‘(c) AUTHORIZATION OF APPROPRIATIONS.— There are authorized to be appropriated such sums as are necessary to carry out this section.

‘‘Subtitle C—Prohibition on Asbestos- Containing Materials

‘‘SEC. 231. DEFINITION OF DISTRIBUTE IN COM-MERCE.

‘‘In this subtitle:

‘‘(1) IN GENERAL.—The term ‘distribute in com-merce’ has the meaning given the term in section 3.

‘‘(2) EXCLUSIONS.—The term ‘distribute in commerce’ does not include—

‘‘(A) the possession of an asbestos-containing material by a person that is an end user; or

‘‘(B) the possession of an asbestos-containing material by a person solely for the purpose of disposal of the asbestos-containing material in compliance with applicable Federal, State, and local requirements.

‘‘SEC. 232. PROHIBITION ON ASBESTOS-CON-TAINING MATERIALS.

‘‘(a) IN GENERAL.—Subject to subsection (b), the Administrator shall promulgate—

‘‘(1) not later than 1 year after the date of en-actment of this subtitle, proposed regulations that—

‘‘(A) prohibit persons from importing, manu-facturing, processing, or distributing in com-merce asbestos-containing materials; and

‘‘(B) provide for implementation of subsections (b) and (c); and

‘‘(2) not later than 2 years after the date of enactment of this subtitle, final regulations that, effective beginning 60 days after the date of promulgation, prohibit persons from import-ing, manufacturimport-ing, processimport-ing, or distributing in commerce asbestos-containing materials.

‘‘(b) EXEMPTIONS.—

‘‘(1) IN GENERAL.—Any person may petition the Administrator for, and the Administrator may grant, an exemption from the requirements of subsection (a) if the Administrator determines that—

‘‘(A) the exemption would not result in an un-reasonable risk of injury to health or the envi-ronment; and

‘‘(B) the person has made good faith efforts to develop, but has been unable to develop, a sub-stance, or identify a mineral, that—

‘‘(i) does not present an unreasonable risk of injury to health or the environment; and

‘‘(ii) may be substituted for an asbestos-con-taining material.

‘‘(2) TERMS AND CONDITIONS.—An exemption granted under this subsection shall be in effect for such period (not to exceed a total of 3 years) and subject to such terms and conditions as the Administrator may prescribe.

‘‘(3) GOVERNMENTAL USE.—

‘‘(A) IN GENERAL.—The Administrator shall provide an exemption from the requirements of subsection (a), without review or limit on dura-tion, if the exemption for asbestos-containing material is—

‘‘(i) sought by the Secretary of Defense and the Secretary certifies, and provides a copy of that certification to the Administrator and Con-gress, that—

‘‘(I) use of the asbestos containing material is necessary to the critical functions of the Depart-ment;

‘‘(II) no reasonable alternatives to the asbes-tos containing material exist for the intended purpose; and

‘‘(III) use of the asbestos containing material will not result in an unreasonable risk to health or the environment; or

‘‘(ii) sought by the Administrator of the Na-tional Aeronautics and Space Administration and the Administrator of the National Aero-nautics and Space Administration certifies, and provides a copy of that certification to Congress, that—

‘‘(I) the asbestos-containing material is nec-essary to the critical functions of the National Aeronautics and Space Administration;

‘‘(II) no reasonable alternatives to the asbes-tos-containing material exist for the intended purpose; and

‘‘(III) the use of the asbestos-containing mate-rial will not result in an unreasonable risk to health or the environment.

‘‘(B) ADMINISTRATIVE PROCEDURE ACT.—Any exemption provided by the Administrator under subparagraph (A), and any certification made by the Secretary of Defense under subparagraph (A)(i) shall not be subject to the provisions of subchapter II of chapter 5, and chapter 7, of title 5, United States Code (commonly known as the ‘Administrative Procedure Act’).

‘‘(4) DIAPHRAGMS FOR EXISTING ELECTROLYSIS INSTALLATIONS.—

‘‘(A) IN GENERAL.—The requirements of sub-section (a) shall not apply to any diaphragm electrolysis installation in existence as of the date of enactment of this subtitle.

‘‘(B) REVIEW.—

‘‘(i) IN GENERAL.—Not later than 3 years after the date of enactment of this subtitle, and every 6 years thereafter, the Administrator shall re-view the exemption provided under subpara-graph (A) to determine the appropriateness of the exemption.

‘‘(ii) SCOPE.—In conducting the review of the exemption provided under subparagraph (A),

the Administrator shall examine the risk of in-jury to an individual relating to the operation by the individual of each diaphragm electrolysis installation described in subparagraph (A).

‘‘(iii) PUBLIC PARTICIPATION.—In conducting the review of the exemption provided under sub-paragraph (A), the Administrator shall provide public notice and a 30-day period of public com-ment.

‘‘(C) DECISION RELATING TO EXTENSION OF EX-EMPTION.—Upon completion of a review of a di-aphragm electrolysis installation under sub-paragraph (B)(i), if the Administrator deter-mines that the diaphragm electrolysis installa-tion poses an unreasonable risk of injury to health or the environment, the Administrator may terminate the exemption provided to the di-aphragm electrolysis installation under sub-paragraph (A).

‘‘(c) DISPOSAL.—

‘‘(1) IN GENERAL.—Except as provided in para-graph (2), not later than 2 years after the date of enactment of this subtitle, each person that possesses asbestos-containing material that is subject to the prohibition established under this section shall dispose of the asbestos-containing material, by a means that is in compliance with applicable Federal, State, and local require-ments.

‘‘(2) EXEMPTION.—Nothing in paragraph (1)— ‘‘(A) applies to asbestos-containing material that—

‘‘(i) is no longer in the stream of commerce; or ‘‘(ii) is in the possession of an end user; or ‘‘(B) requires that asbestos-containing mate-rial described in subparagraph (A) be removed or replaced.

‘‘(d) COMPLIANCETESTING.—

‘‘(1) IN GENERAL.—Subject to paragraph (2), and in accordance with paragraph (3), not later than 1 year after the date on which the Admin-istrator promulgates the regulations under sub-section (a), and annually thereafter, to ensure compliance with those regulations, the Adminis-trator shall carry out tests on an appropriate quantity of products, as determined by the Ad-ministrator, to determine if the products have asbestos-containing material.

‘‘(2) EXEMPTED PRODUCTS.—In carrying out the compliance testing under paragraph (1), the Administrator shall not carry out any test on any product that contains any material that is the subject of an exemption described in sub-section (b).

‘‘(3) APPROPRIATE TEST METHODOLOGIES.—In carrying out the compliance testing under para-graph (1), the Administrator shall use the ap-propriate test methodology for each product that is the subject of the compliance testing.

‘‘(4) ANNUAL REPORT.—

‘‘(A) IN GENERAL.—Upon completion of each annual testing period described in paragraph (1), the Administrator shall prepare a report for the annual testing period covered by the report, describing those products that have asbestos- containing material.

‘‘(B) PUBLIC AVAILABILITY.—Not later than 90 days after the date of completion of each an-nual testing period described in paragraph (1), the Administrator shall make the report for the annual testing period covered by the report available to the public.’’.

(b) CONFORMING AMENDMENT.—The table of contents in sections 1 of the Toxic Substances Control Act (15 U.S.C. prec. 2601) is amended— (1) by inserting before the item relating to sec-tion 201 the following:

‘‘Subtitle A—General Provisions’’; and

(2) by adding at the end of the items relating to title II the following:

‘‘Subtitle B—Asbestos-Containing Products ‘‘Sec. 221. Definitions.

‘‘Sec. 222. National Institute for Occupational Safety and Health report and study.

‘‘Sec. 223. Public education program.

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‘‘Subtitle C—Prohibition on Asbestos- Containing Materials

‘‘Sec. 231. Prohibition on asbestos-containing materials.’’.

SEC. 4. ASBESTOS-RELATED DISEASES.

Subpart 1 of part C of title IV of the Public Health Service Act (42 U.S.C. 285 et seq.) is amended by adding at the end the following: ‘‘SEC. 417E. RESEARCH ON ASBESTOS-RELATED

DISEASES.

‘‘(a) IN GENERAL.—The Secretary, acting through the Director of NIH and the Director of the Centers for Disease Control and Prevention, shall expand, intensify, and coordinate pro-grams for the conduct and support of research on diseases caused by exposure to asbestos, par-ticularly mesothelioma, asbestosis, and pleural injuries.

‘‘(b) ADMINISTRATION.—The Secretary shall carry out this section in collaboration with—

‘‘(1) the Administrator of the Agency for Toxic Substances and Disease Registry;

‘‘(2) the Director of the National Institute for Occupational Safety and Health; and

‘‘(3) the head of any other agency, as the Sec-retary determines to be appropriate.

‘‘(c) ASBESTOS-RELATEDDISEASEREGISTRY.— ‘‘(1) IN GENERAL.—Not later than 1 year after the date of enactment of this section, the Direc-tor of the Centers for Disease Control and Pre-vention, in cooperation with the Director of the National Institute for Occupational Safety and Health and the Administrator of the Agency for Toxic Substances and Disease Registry, shall es-tablish a mechanism by which to obtain, coordi-nate, and provide data and specimens from—

‘‘(A) State cancer registries and other cancer registries;

‘‘(B) the National Mesothelioma Virtual Reg-istry and Tissue Bank; and

‘‘(C) each entity participating in the asbestos- related disease research and treatment network established under section 417F(a).

‘‘(2) TREATMENT.—The data and specimens described in paragraph (1) shall form the basis for establishing a national clearinghouse for data and specimens relating to asbestos-related diseases, with a particular emphasis on meso-thelioma.

‘‘(d) AUTHORIZATION OFAPPROPRIATIONS.—In addition to amounts made available for the pur-poses described in subsection (a) under other law, there are authorized to be appropriated to carry out this section such sums as are nec-essary for fiscal year 2008 and each fiscal year thereafter.

‘‘SEC. 417F. ASBESTOS-RELATED DISEASE RE-SEARCH AND TREATMENT NETWORK. ‘‘(a) ESTABLISHMENT.—For each of fiscal years 2008 through 2012, the Director of NIH, in collaboration with other applicable Federal, State, and local agencies and departments, shall establish and maintain an asbestos-related dis-ease research and treatment network (referred to in this section as the ‘Network’) to support the detection, prevention, treatment, and cure of asbestos-related diseases, with particular em-phasis on malignant mesothelioma.

‘‘(b) INCLUSIONS.—The Network shall in-clude—

‘‘(1) intramural research initiatives of the Na-tional Institutes of Health; and

‘‘(2) at least 10 extramural asbestos-related disease research and treatment centers, as se-lected by the Director of NIH in accordance with subsection (c).

‘‘(c) EXTRAMURALASBESTOS-RELATEDDISEASE RESEARCH ANDTREATMENTCENTERS.—

‘‘(1) IN GENERAL.—For each fiscal year during which the Network is operated and maintained under subsection (a), the Director of NIH shall select for inclusion in the Network not less than 10 nonprofit hospitals, universities, or medical or research institutions incorporated or orga-nized in the United States that, as determined by the Director of NIH—

‘‘(A) have exemplary experience and quali-fications in research and treatment of asbestos- related diseases;

‘‘(B) have access to an appropriate population of patients with asbestos-related diseases; and

‘‘(C) are geographically distributed through-out the United States, with special consider-ation given to areas of high incidence of asbes-tos-related diseases.

‘‘(2) REQUIREMENTS.—Each center selected under paragraph (1) shall—

‘‘(A) be chosen by the Director of NIH after competitive peer review;

‘‘(B) conduct laboratory and clinical research, including clinical trials, relating to—

‘‘(i) mechanisms for effective therapeutic treatment of asbestos-related diseases;

‘‘(ii) early detection and prevention of asbes-tos-related diseases;

‘‘(iii) palliation of asbestos-related disease symptoms; and

‘‘(iv) pain management with respect to asbes-tos-related diseases;

‘‘(C) offer to asbestos-related disease patients travel and lodging assistance as necessary—

‘‘(i) to accommodate the maximum number of patients practicable; and

‘‘(ii) to serve a number of patients at the cen-ter sufficient to conduct a meaningful clinical trial;

‘‘(D) seek to collaborate with at least 1 med-ical center of the Department of Veterans Af-fairs to provide research benefits and care to veterans who have suffered excessively from as-bestos-related diseases, particularly mesothe-lioma; and

‘‘(E) coordinate the research and treatment ef-forts of the center (including specimen sharing and use of common infomatics) with other enti-ties included in—

‘‘(i) the Network; and

‘‘(ii) the National Virtual Mesothelioma Reg-istry and Tissue Bank.

‘‘(3) PERIOD OF INCLUSION.—A center selected by the Director of NIH under this subsection shall be included in the Network for—

‘‘(A) the 1-year period beginning on the date of selection of the center; or

‘‘(B) such longer period as the Director of NIH determines to be appropriate.

‘‘(d) GRANTS.—The Director of NIH shall pro-vide to each center selected for inclusion in the Network under subsection (c) for the fiscal year a grant in an amount equal to $1,000,000 to sup-port the detection, prevention, treatment, and cure of asbestos-related diseases, with particular emphasis on malignant mesothelioma.

‘‘(e) AUTHORIZATION OF APPROPRIATIONS.— There is authorized to be appropriated to carry out this section $10,000,000 for each of fiscal years 2008 through 2012.

‘‘SEC. 417G. DEPARTMENT OF DEFENSE RE-SEARCH.

‘‘(a) IN GENERAL.—The Secretary, acting through the United States Army Medical Re-search and Materiel Command, shall support re-search on mesothelioma and other asbestos-re-lated diseases that has clear scientific value and direct relevance to the health of members and veterans of the Armed Forces, in accordance with the appropriate congressionally directed medical research program, with the goal of ad-vancing the understanding, early detection, and treatment of asbestos-related mesothelioma and other asbestos-related diseases.

‘‘(b) ADMINISTRATION.—The Secretary shall carry out this section in collaboration with—

‘‘(1) the Director of NIH;

‘‘(2) the Director of the National Institute of Occupational Safety and Health; and

‘‘(3) the head of any other agency, as the Sec-retary determines to be appropriate.

‘‘(c) AUTHORIZATION OF APPROPRIATIONS.— There are authorized to be appropriated to carry out this section such sums as are necessary for fiscal year 2008 and each fiscal year there-after.’’.

The amendment (No. 3257) was agreed to, as follows:

On page 24, strike lines 10 through 22.

On page 24, line 23, strike ‘‘(10)’’ and insert ‘‘(6)’’.

On page 25, strike lines 1 through 3. On page 25, line 4, strike ‘‘(12)’’ and insert ‘‘(7)’’.

On page 25, line 11, strike ‘‘(14)(A)’’ and in-sert ‘‘(9)(A)’’.

The committee amendment in the nature of a substitute, as amended, was agreed to.

The amendment (No. 3258) was agreed to, as follows:

Amend the title so as to read: ‘‘To amend the Toxic Substances Control Act to reduce the health risks posed by asbetos-containing materials and products having asbestos-con-taining material, and for other purposes.’’.

The bill was ordered to be engrossed for a third reading, was read the third time and passed, as follows:

S. 742

Be it enacted by the Senate and House of Rep-resentatives of the United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

This Act may be cited as the ‘‘Ban Asbes-tos in America Act of 2007’’.

SEC. 2. FINDINGS. Congress finds that—

(1)(A) the Administrator of the Environ-mental Protection Agency has classified as-bestos as a category A human carcinogen, the highest cancer hazard classification for a substance; and

(B) the International Agency for Research on Cancer has classified asbestos as a class 1 human carcinogen;

(2) many people in the United States incor-rectly believe that—

(A) asbestos has been banned in the United States; and

(B) there is no risk of exposure to asbestos through the use of new commercial products; (3) the United States Geological Survey re-ported that, in 2006, the United States used 2,000 metric tons of asbestos, of which ap-proximately—

(A) 55 percent was used in roofing products; (B) 26 percent was used in coatings; and (C) 19 percent was used in other products, such as friction products;

(4) the Department of Commerce estimates that the United States imports more than $100,000,000 of brake parts per year;

(5) available evidence suggests that— (A) imports of some types of asbestos-con-taining products are increasing; and

(B) some of those products are imported from foreign countries in which asbestos is poorly regulated;

(6) families of workers are put at risk be-cause of asbestos brought home by the work-ers on the shoes, clothes, skin, and hair of the workers;

(5)

(7) the National Institutes of Health re-ported to Congress in 2006 that mesothelioma is a difficult disease to detect, diagnose, and treat;

(8) the Environmental Working Group esti-mates that as many as 10,000 citizens of the United States die each year from mesothe-lioma and other asbestos-related diseases;

(9)(A) mesothelioma responds poorly to conventional chemotherapy; and

(B) although new combination treatments for mesothelioma have demonstrated some benefits—

(i) the median survival period for mesothe-lioma is only 1 year after diagnosis of the disease; and

(ii) the majority of mesothelioma patients die within 2 years of diagnosis of the disease; (10) in hearings before Congress in the early 1970s, the example of asbestos was used to justify the need for comprehensive legisla-tion on toxic substances;

(11) in 1976, Congress passed the Toxic Sub-stances Control Act (15 U.S.C. 2601 et seq.);

(12) in 1989, the Administrator of the Envi-ronmental Protection Agency promulgated final regulations under title II of the Toxic Substances Control Act (15 U.S.C. 2641 et seq.) to phase out asbestos in consumer prod-ucts by 1997;

(13) in 1991, the United States Court of Ap-peals for the 5th Circuit overturned portions of the regulations, and the Federal Govern-ment did not appeal the decision to the Su-preme Court;

(14) as a result, while new applications for asbestos were banned, asbestos is still being imported and used, and is otherwise present as a contaminant, in some consumer and in-dustrial products in the United States;

(15) the National Cancer Institute recog-nizes a clear need for new agents to improve the outlook for patients with mesothelioma and other asbestos-related diseases;

(16) the National Institutes of Health should continue to improve detection, treat-ment, and management of asbestos-related diseases, such as mesothelioma, including by providing continued support for the pleural mesothelioma treatment and research pro-gram and peritoneal surgical initiatives;

(17) the Department of Defense should study diseases related to asbestos exposure in the military and veteran population, in-cluding by conducting research in coordina-tion with the Nacoordina-tional Institutes of Health on the early detection and treatment of mesothelioma;

(18) with some exceptions relating to cer-tain uses, asbestos has been banned in 40 countries, including Argentina, Australia, Austria, Belgium, Chile, Croatia, the Czech Republic, Denmark, Estonia, Finland, France, Germany, Iceland, Ireland, Italy, Japan, Latvia, Luxembourg, the Nether-lands, Norway, Poland, Portugal, Saudi Ara-bia, the Slovak Republic, Spain, Sweden, Switzerland, and the United Kingdom;

(19) asbestos was banned throughout the European Union in 2005; and

(20) banning asbestos from being used in or imported into the United States will provide certainty to manufacturers, builders, envi-ronmental remediation firms, workers, and consumers that after a specific date, asbes-tos will not be used, added, or allowed to be knowingly present as a contaminant in new construction and manufacturing materials used in this country.

SEC. 3. ASBESTOS-CONTAINING PRODUCTS. (a) INGENERAL.—Title II of the Toxic Sub-stances Control Act (15 U.S.C. 2641 et seq.) is amended—

(1) by inserting before section 201 (15 U.S.C. 2641) the following:

‘‘Subtitle A—General Provisions’’; (2) in section 202(3) (15 U.S.C. 2642(3))—

(A) in each of subparagraphs (A) through (D), by striking the commas at the end of the subparagraphs and inserting semicolons;

(B) in subparagraph (E), by striking ‘‘, or’’ and inserting a semicolon;

(C) in subparagraph (F), by striking the pe-riod at the end and inserting a semicolon; and

(D) by adding at the end the following: ‘‘(G) any material formerly classified as tremolite, including—

‘‘(i) winchite asbestos; and ‘‘(ii) richterite asbestos; and

‘‘(H) any asbestiform amphibole mineral.’’; and

(3) by adding at the end the following: ‘‘Subtitle B—Asbestos-Containing Products

‘‘SEC. 221. DEFINITIONS. ‘‘In this subtitle:

‘‘(1) APPROPRIATE FEDERAL ENTITY.—The term ‘appropriate Federal entity’ means any appropriate Federal entity, as determined by the Director, including—

‘‘(A) the Agency for Toxic Substances and Disease Registry;

‘‘(B) the Department of Health and Human Services;

‘‘(C) the Environmental Protection Agen-cy;

‘‘(D) the Mine Safety and Health Adminis-tration;

‘‘(E) the National Institute of Standards and Technology;

‘‘(F) the United States Geological Survey; ‘‘(G) the National Institute of Environ-mental Health Sciences;

‘‘(H) the National Institute for Occupa-tional Safety and Health; and

‘‘(I) the Occupational Health and Safety Administration.

‘‘(2) ASBESTOS-CONTAINING PRODUCT.—The term ‘asbestos-containing product’ means any product (including any part) to which asbestos is deliberately or knowingly added or in which asbestos is deliberately used or knowingly present in any concentration.

‘‘(3) ELONGATED MINERAL PARTICLE.—The term ‘elongated mineral particle’ means a single crystal or similarly elongated polycrystalline aggregate particle with a length to width ratio of 3 to 1 or greater.

‘‘(4) BIOPERSISTENT ELONGATED MINERAL PARTICLE.—The term ‘biopersistent elon-gated mineral particle’ means an elonelon-gated mineral particle that—

‘‘(A) occurs naturally in the environment; and

‘‘(B) is similar to asbestos in— ‘‘(i) resistance to dissolution; ‘‘(ii) leaching; and

‘‘(iii) other physical, chemical, or biologi-cal processes expected from contact with lung cells and other cells and fluids in the human body.

‘‘(5) DIRECTOR.—The term ‘Director’ means the Director of the National Institute for Oc-cupational Safety and Health.

‘‘(6) PERSON.—The term ‘person’ means— ‘‘(A) any individual;

‘‘(B) any corporation, company, associa-tion, firm, partnership, joint venture, sole proprietorship, or other for-profit or non-profit business entity (including any manu-facturer, importer, distributor, or processor);

‘‘(C) any Federal, State, or local depart-ment, agency, or instrumentality; and

‘‘(D) any interstate body.

‘‘SEC. 222. NATIONAL INSTITUTE FOR OCCUPA-TIONAL SAFETY AND HEALTH STUD-IES.

‘‘(a) STUDIES.—

‘‘(1) CURRENT STATE OF SCIENCE STUDY.— ‘‘(A) IN GENERAL.—The Director, in con-sultation with the United States Geological Survey, the Environmental Protection Agen-cy, the National Academy of Sciences, and appropriate Federal entities, shall conduct a

study and, not later than 1 year after the date of enactment of this subtitle, submit to the Administrator, the Committees on Envi-ronment and Public Works and Health, Edu-cation, Labor, and Pensions of the Senate, the Committees on Energy and Commerce and Education and Labor of the House of Representatives, and other Federal agencies a report containing—

‘‘(i) a description of the current state of the science relating to—

‘‘(I) the disease mechanisms and health ef-fects of exposure to non-asbestiform min-erals and elongated mineral particles; and

‘‘(II) methods for measuring and analyzing non-asbestiform minerals and elongated mineral particles; and

‘‘(ii) recommendations for—

‘‘(I) future research relating to diseases caused by exposure to—

‘‘(aa) non-asbestiform minerals; and ‘‘(bb) elongated mineral particles; ‘‘(II) exposure assessment practice needs; ‘‘(III) any new classification of naturally occurring elongated mineral particles; and

‘‘(IV) 1 or more definitions and dimensions to be used for the quantification and risk as-sessment of—

‘‘(aa) non-asbestiform minerals; and ‘‘(bb) elongated mineral particles.

‘‘(B) COMPONENTS.—The report described in subparagraph (A) shall include—

‘‘(i) peer-reviewed published literature; ‘‘(ii) regulatory decisions; and

‘‘(iii) information obtained from the Na-tional Institute for OccupaNa-tional Safety As-bestos Research Roadmap.

‘‘(2) MODE OF ACTION AND HEALTH EFFECTS STUDY.—

‘‘(A) IN GENERAL.—The Director, in con-sultation with the Environmental Protection Agency, the National Academy of Sciences, and appropriate Federal entities, shall con-duct a study—

‘‘(i) to evaluate the known or potential mode of action and health effects of—

‘‘(I) non-asbestiform minerals; and ‘‘(II) elongated mineral particles; and ‘‘(ii) to develop recommendations for a means by which to identify, distinguish, and measure any non-asbestiform mineral or elongated mineral particle that—

‘‘(I) may cause any disease or health effect; or

‘‘(II) does not cause any disease or health effect.

‘‘(B) REPORT.—Not later than 18 months after the date of enactment of this subtitle, the Director shall submit to the Committees on Environment and Public Works and Health, Education, Labor, and Pensions of the Senate, and the Committees on Energy and Commerce and Education and Labor of the House of Representatives, a report con-taining—

‘‘(i) a description of the manner by which non-asbestiform minerals and elongated mineral particles possess the ability to re-main biopersistent in the human body, with regard to the ability of non-asbestiform min-erals and elongated mineral particles—

‘‘(I) to exhibit resistence to dissolution and leaching; and

‘‘(II) to induce other physical, chemical, and biological processes as a result of con-tact with—

‘‘(aa) lung cells; and

‘‘(bb) other cells and fluids in the human body connected to a disease;

‘‘(ii) a description of the means by which to identify, distinguish, and measure any non-asbestiform mineral or elongated min-eral particle that—

‘‘(I) may cause any disease or health effect, as determined by the Director, including—

‘‘(aa) mesothelioma;

‘‘(bb) any other form of cancer; and

(6)

‘‘(cc) any other non-cancer form of disease; and

‘‘(II) does not cause any disease or health effect; and

‘‘(iii) recommendations for such controls as the Director determines to be appropriate to protect human health.

‘‘(3) AUTHORIZATION OF APPROPRIATIONS.— There are authorized to be appropriated such sums as are necessary to carry out this sub-section.

‘‘(b) METHODOLOGYSTUDY.—

‘‘(1) IN GENERAL.—On the date on which the Director submits the report described in sub-section (a)(2)(B), the Director shall initiate a study—

‘‘(A) to develop improved sampling and an-alytical methods for non-asbestiform min-erals and elongated mineral particles; and

‘‘(B) to clarify the mechanism of action. ‘‘(2) AUTHORIZATION OF APPROPRIATIONS.— There are authorized to be appropriated such sums as are necessary to carry out this sub-section.

‘‘SEC. 223. PUBLIC EDUCATION PROGRAM. ‘‘(a) IN GENERAL.—Not later than 1 year after the date of enactment of this subtitle, the Administrator, in consultation with the Chairman of the Consumer Product Safety Commission, the Director of the Centers for Disease Control and Prevention, and the Sec-retary of Labor, shall establish a plan—

‘‘(1) to increase awareness of the dangers posed by—

‘‘(A) products having asbestos-containing materials in homes and workplaces; and

‘‘(B) asbestos-related diseases;

‘‘(2) to provide current and comprehensive information to asbestos-related disease pa-tients, family members of papa-tients, and front-line health care providers on—

‘‘(A) the dangers of asbestos exposure; ‘‘(B) asbestos-related labeling information; ‘‘(C) health effects of exposure to asbestos; ‘‘(D) symptoms of asbestos exposure; and ‘‘(E) available and developing treatments for asbestos-related diseases, including clin-ical trials;

‘‘(3) to encourage asbestos-related disease patients, family members of patients, and front-line health care providers to partici-pate in research and treatment endeavors re-lating to asbestos; and

‘‘(4) to encourage health care providers and researchers to provide to asbestos-related disease patients and family members of pa-tients information relating to research, diag-nostic, and clinical treatments relating to asbestos.

‘‘(b) GREATEST RISKS.—In establishing the program, the Administrator shall give pri-ority to products that have asbestos-con-taining materials and are used by consumers and workers that pose the greatest risk of injury to human health.

‘‘(c) AUTHORIZATION OF APPROPRIATIONS.— There are authorized to be appropriated such sums as are necessary to carry out this sec-tion.

‘‘Subtitle C—Prohibition on Asbestos- Containing Materials

‘‘SEC. 231. DEFINITION OF DISTRIBUTE IN COM-MERCE.

‘‘In this subtitle:

‘‘(1) IN GENERAL.—The term ‘distribute in commerce’ has the meaning given the term in section 3.

‘‘(2) EXCLUSIONS.—The term ‘distribute in commerce’ does not include—

‘‘(A) the possession of an asbestos-con-taining material by a person that is an end user; or

‘‘(B) the possession of an asbestos-con-taining material by a person solely for the purpose of disposal of the asbestos-con-taining material in compliance with applica-ble Federal, State, and local requirements.

‘‘SEC. 232. PROHIBITION ON ASBESTOS-CON-TAINING MATERIALS.

‘‘(a) IN GENERAL.—Subject to subsection (b), the Administrator shall promulgate—

‘‘(1) not later than 1 year after the date of enactment of this subtitle, proposed regula-tions that—

‘‘(A) prohibit persons from importing, manufacturing, processing, or distributing in commerce asbestos-containing materials; and

‘‘(B) provide for implementation of sub-sections (b) and (c); and

‘‘(2) not later than 2 years after the date of enactment of this subtitle, final regulations that, effective beginning 60 days after the date of promulgation, prohibit persons from importing, manufacturing, processing, or distributing in commerce asbestos-con-taining materials.

‘‘(b) EXEMPTIONS.—

‘‘(1) IN GENERAL.—Any person may petition the Administrator for, and the Adminis-trator may grant, an exemption from the re-quirements of subsection (a) if the Adminis-trator determines that—

‘‘(A) the exemption would not result in an unreasonable risk of injury to health or the environment; and

‘‘(B) the person has made good faith efforts to develop, but has been unable to develop, a substance, or identify a mineral, that—

‘‘(i) does not present an unreasonable risk of injury to health or the environment; and ‘‘(ii) may be substituted for an asbestos- containing material.

‘‘(2) TERMS AND CONDITIONS.—An exemption granted under this subsection shall be in ef-fect for such period (not to exceed a total of 3 years) and subject to such terms and condi-tions as the Administrator may prescribe.

‘‘(3) GOVERNMENTAL USE.—

‘‘(A) IN GENERAL.—The Administrator shall provide an exemption from the requirements of subsection (a), without review or limit on duration, if the exemption for asbestos-con-taining material is—

‘‘(i) sought by the Secretary of Defense and the Secretary certifies, and provides a copy of that certification to the Administrator and Congress, that—

‘‘(I) use of the asbestos containing mate-rial is necessary to the critical functions of the Department;

‘‘(II) no reasonable alternatives to the as-bestos containing material exist for the in-tended purpose; and

‘‘(III) use of the asbestos containing mate-rial will not result in an unreasonable risk to health or the environment; or

‘‘(ii) sought by the Administrator of the National Aeronautics and Space Administra-tion and the Administrator of the NaAdministra-tional Aeronautics and Space Administration cer-tifies, and provides a copy of that certifi-cation to Congress, that—

‘‘(I) the asbestos-containing material is necessary to the critical functions of the Na-tional Aeronautics and Space Administra-tion;

‘‘(II) no reasonable alternatives to the as-bestos-containing material exist for the in-tended purpose; and

‘‘(III) the use of the asbestos-containing material will not result in an unreasonable risk to health or the environment.

‘‘(B) ADMINISTRATIVE PROCEDURE ACT.—Any exemption provided by the Administrator under subparagraph (A), and any certifi-cation made by the Secretary of Defense under subparagraph (A)(i) shall not be sub-ject to the provisions of subchapter II of chapter 5, and chapter 7, of title 5, United States Code (commonly known as the ‘Ad-ministrative Procedure Act’).

‘‘(4) DIAPHRAGMS FOR EXISTING ELEC -TROLYSIS INSTALLATIONS.—

‘‘(A) IN GENERAL.—The requirements of subsection (a) shall not apply to any dia-phragm electrolysis installation in existence as of the date of enactment of this subtitle.

‘‘(B) REVIEW.—

‘‘(i) IN GENERAL.—Not later than 3 years after the date of enactment of this subtitle, and every 6 years thereafter, the Adminis-trator shall review the exemption provided under subparagraph (A) to determine the ap-propriateness of the exemption.

‘‘(ii) SCOPE.—In conducting the review of the exemption provided under subparagraph (A), the Administrator shall examine the risk of injury to an individual relating to the operation by the individual of each dia-phragm electrolysis installation described in subparagraph (A).

‘‘(iii) PUBLIC PARTICIPATION.—In con-ducting the review of the exemption pro-vided under subparagraph (A), the Adminis-trator shall provide public notice and a 30- day period of public comment.

‘‘(C) DECISION RELATING TO EXTENSION OF EXEMPTION.—Upon completion of a review of a diaphragm electrolysis installation under subparagraph (B)(i), if the Administrator de-termines that the diaphragm electrolysis stallation poses an unreasonable risk of in-jury to health or the environment, the Ad-ministrator may terminate the exemption provided to the diaphragm electrolysis in-stallation under subparagraph (A).

‘‘(c) DISPOSAL.—

‘‘(1) IN GENERAL.—Except as provided in paragraph (2), not later than 2 years after the date of enactment of this subtitle, each person that possesses asbestos-containing material that is subject to the prohibition established under this section shall dispose of the asbestos-containing material, by a means that is in compliance with applicable Federal, State, and local requirements.

‘‘(2) EXEMPTION.—Nothing in paragraph (1)—

‘‘(A) applies to asbestos-containing mate-rial that—

‘‘(i) is no longer in the stream of com-merce; or

‘‘(ii) is in the possession of an end user; or ‘‘(B) requires that asbestos-containing ma-terial described in subparagraph (A) be re-moved or replaced.

‘‘(d) COMPLIANCETESTING.—

‘‘(1) IN GENERAL.—Subject to paragraph (2), and in accordance with paragraph (3), not later than 1 year after the date on which the Administrator promulgates the regulations under subsection (a), and annually there-after, to ensure compliance with those regu-lations, the Administrator shall carry out tests on an appropriate quantity of products, as determined by the Administrator, to de-termine if the products have asbestos-con-taining material.

‘‘(2) EXEMPTED PRODUCTS.—In carrying out the compliance testing under paragraph (1), the Administrator shall not carry out any test on any product that contains any mate-rial that is the subject of an exemption de-scribed in subsection (b).

‘‘(3) APPROPRIATE TEST METHODOLOGIES.—In carrying out the compliance testing under paragraph (1), the Administrator shall use the appropriate test methodology for each product that is the subject of the compliance testing.

‘‘(4) ANNUAL REPORT.—

‘‘(A) IN GENERAL.—Upon completion of each annual testing period described in paragraph (1), the Administrator shall prepare a report for the annual testing period covered by the report, describing those products that have asbestos-containing material.

‘‘(B) PUBLIC AVAILABILITY.—Not later than 90 days after the date of completion of each annual testing period described in paragraph (1), the Administrator shall make the report